This bill would force every employer, large and small, to provide paid sick leave to all full time and part-time employees. Employers with fewer than 25 employees would be forced to provide 3 days of sick leave and those with more than 25 employees would have to pay for six days.
An employee may use paid sick leave accrued under this section for any of the following:
A. An absence resulting from a physical or mental illness, injury or medical condition of the employee;
B. An absence resulting from obtaining professional medical diagnosis or care, or preventive medical care, for the employee. An employee must make a reasonable effort to schedule leave in a manner that does not unduly disrupt the operations of the employer;
C. An absence resulting from closure of the employee's place of business by order of a public official due to a health emergency declared under Title 22, section 802 or an employee's need to care for a child whose school or place of care has been closed by order of a public official due to a health emergency;
D. An absence for the purpose of caring for a family member who has any of the conditions or needs for diagnosis or care described in paragraph A or B; and
E. An absence for the purpose of obtaining social or legal services pertaining to stalking, domestic violence or sexual abuse if the employee or the employee's family member is a victim of violence, assault, sexual assaults under Title 17-A, chapter 11, stalking or any act that would support an order for protection from abuse under Title 19-A, chapter 101, including:
(1) Preparing for and attending court proceedings;
(2) Receiving medical treatment or assisting with medical treatment for a victim who is the employee's family member; or
(3) Obtaining necessary services to remedy a crisis caused by domestic violence, sexual assault or stalking.
Whose illness would be considered "covered"?
The employee or if the employee had to care for their
· biological, foster, or adoptive parents
· stepparents or guardian
· spouse
· grandparents or spouse of a grandparent
· biological, foster, or adoptive siblings
· the spouse of biological, foster, or adoptive siblings
· domestic partners
In a bulletin sent last week, the law firm of Pierce Atwood told its clients. "LD 1665 does not authorize employers to require any proof of the need to be absent for a listed reason, which by implication means that employers who insist on proof of a legitimate basis for an absence may be considered to have 'retaliated' and therefore be subject to DOL enforcement action."
No other state in the nation has such a law. None. Not one. That, perhaps, is the reason a similarly unprecedented bill known as the "family caregiver act" died in the last session of the Legislature thanks to key members of the Senate even though it passed the House by a vote of 100-40.
It also would force employers to make choices about funding paid sick leave rather than providing health care benefits, retirement benefits, wellness programs or any other employer-paid program. In a state of small businesses, this bill is a job killer.
In essence, this bill would make hiring an employee an instant liability. The way the bill is written, employers would have to carry the time as a liability on their books allowing employees to accrue the time as they would for accumulated vacation.
The Maine Chamber has distributed talking points about the bill urging all employers to express their thoughts both to members of the Labor Committee and their own state legislators.
Labor Committee Members' e-mail addresses
Senate:
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